Purpose and Scope, Definitions, Assessment and Recommendation, Diversion Programs, Intensive Delinquency Diversion Services (IDDS), Other Diversion Programs, JPO Supervised Diversion

 

DEPARTMENT OF JUVENILE JUSTICE
Probation

RULE NO: RULE TITLE
63D-3.001: Purpose and Scope
63D-3.002: Definitions
63D-3.003: Assessment and Recommendation
63D-3.004: Diversion Programs
63D-3.005: Intensive Delinquency Diversion Services (IDDS)
63D-3.006: Other Diversion Programs
63D-3.007: JPO Supervised Diversion

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 33, No. 42, October 19, 2007 issue of the Florida Administrative Weekly.

63D-3.001 Purpose and Scope.

No change.

Specific Authority 985.145(5), 985.601(3)(a), 985.64 FS. Law Implemented 985.145(5), 985.601(3)(a) FS. History–New_________.

 

63D-3.002 Definitions.

(1) through (12) No change.

Specific Authority 985.145(5), 985.64 FS. Law Implemented 985.145(5) FS. History–New__________.

 

63D-3.003 Assessment and Recommendation.

(1) through (2) No change.

Specific Authority 985.145(4), 985.64 FS. Law Implemented 985.145(4) FS. History–New__________.

 

63D-3.004 General Characteristics of Diversion Programs.

(1) through (9) No change.

Specific Authority 985.145(5), 985.601(3)(a), 985.64 FS. Law Implemented 985,12, 985.145, 985.155, 985.16, 985.601(3)(a) FS. History–New_________.

 

63D-3.005 Intensive Delinquency Diversion Services (IDDS).

(1) through (5) No change.

Specific Authority 985.145(5), 985.601(3)(a), 985.64 FS. Law Implemented 985,12, 985.145, 985.155, 985.16, 985.601(3)(a) FS. History–New__________.

 

63D-3.006 Other Diversion Programs.

(1) through (4) No change.

Specific Authority 985.145(5), 985.601(3)(a), 985.64 FS. Law Implemented 985,12, 985.145, 985.155, 985.16, 985.601(3)(a) FS. History–New__________.

 

63D-3.007 JPO Supervised Diversion.

(1) The department utilizes a number of other diversion programs to direct youth away from the formal juvenile justice system pursuant to Section 985.601(3)(a), F.S. These may include individualized plans for diversions, such as local churches, civic clubs and organizations that provide opportunities for the youth to achieve the obligations of his or her diversion plan.

(2) Cases that must be considered for this type of non-judicial handling are:

(a) Cases where the state attorney has approved of non-judicial action.

(b) Cases in which sanctions and intervention services can be completed within a short period of time.

(c) Cases in which youth are insufficiently mature to benefit from a standard delinquency intervention, either due to chronological age or developmental age; in most instances, interventions are tested for effectiveness with youth age 13 and above very young.

(d) Cases where the youth may have specific needs or be in an employment or educational setting that require different supervision than that offered by local diversion programs.

(3) Process.

(a) The JPO must obtain approval from the state attorney for this diversion program and the recommended sanctions and services.

(b) A waiver of speedy trial must be signed if the state attorney requires it.

(c) The JPO must develop an individualized diversion plan of sanctions and intervention services with input from the state attorney, the youth and the parent(s)/guardian(s).

(d) The plan must include a time frame for completion of the sanctions and intervention services (typically 30-90 days for substantial completion).

(e) If the youth fails to comply with the conditions and sanctions of the individualized plan, the JPO must notify the state attorney.

Specific Authority 985.145(5), 985.601(3)(a), 985.64 FS. Law Implemented 985,12, 985.145, 985.155, 985.16, 985.601(3)(a) FS. History–New________.